Tag: appeal

I have been asked to advise Mr Pargetter on his prospects of successfully appealing against a 12 month sentence of detention in a young offenders’ institution, imposed by Her Honour Judge Langford at the Borsetshire Crown Court on 28th September 2018.

The Facts

Unfortunately those instructing have neither invited me onto the digital case system nor supplied me with a full set of prosecution papers, and I have seen only a short extract from HHJ Langford’s sentencing remarks. Nor, despite my repeated requests, have they supplied me with a copy of the pre-sentence report. I do not even know whether his plea was entered on any particular agreed basis. I understand the pressures that many rural solicitors are under, but this is a disappointing level of service from a once well-respected Ambridge firm which perhaps ought to reconsider its commitment to criminal work if it cannot provide a proper service. Nevertheless, piecing together the information that I do have as best I can, the position seems to be as set out below.

In August of this year Mr Pargetter was arrested at a “stag” party on suspicion of possessing about 25 tablets of drugs with intent to supply. Those instructing have been characteristically vague about what drugs these were, although it may not in fact be of huge significance given that they were unquestionably Class A. For the purposes of this advice I shall assume that they were methylenedioxymethamphetamine, otherwise known as MDMA or, more colloquially, “ecstasy”. Further investigation revealed that Mr Pargetter had been supplying a number of users for financial gain over the course of several months. It is unclear whether he faced charges in relation to past supply or merely a single count of possession with intent to supply.

When questioned by the police Mr Pargetter at first claimed that the drugs were for his personal use, but he appears to have accepted at an early stage that he did in fact intend to supply them, and that he had been doing so, for financial gain, for several months.

There does not appear to have been any investigation made of his benefit under the Proceeds of Crime Act. He should count himself fortunate in that respect, at least.

As these things go, the allegations were not particularly serious. They involved unwanted “French” kissing, bottom and breast grabbing and the allegation that Mr Fox had put his hand up various skirts. The worst was perhaps an allegation that he had engaged in sexual activity with a 15 year old girl.

One of the more unusual aspects of the case is that Mr Fox chose to be tried in the Magistrates Court rather than in the Crown Court. This meant that the verdict would not be decided by a jury, but by a bench of magistrates or a (professional and legally qualified) District Judge. In fact, as things turned out he was tried by the Chief District Judge, Howard Riddle and a pair of lay magistrates. This is the Magistrates Court equivalent of a seven judge Court of Appeal. It is very unusual.